Madhya Pradesh High Court
Navneet Singh Tomar vs The State Of Madhya Pradesh on 30 July, 2014
1 Mcrc.5270.2014
Navneet Singh Tomar and others Vs. State of Madhya Pradesh & Anr.
30/07/2014
Shri Sharad Sharma, Advocate, for the petitioners.
Shri Ayub Khan, Panel Lawyer, for respondent No.1/State.
Shri Vineet Verma, Advocate, for the respondent No.2. Present petition under Section 482 of the Code of Criminal Procedure has been preferred for quashment of FIR registered at Crime No.57/2014 under Sections 353, 332, 186, 294, 427, 147 of IPC at Police Station University, Gwalior (M.P.).
According to the prosecution case, on 3.3.14 at about 12 noon about 3 to 40 students belonging of Akhil Bhartiya Vidyarthi Parishad (ABVP) came to the office of the Registry, Jiwaji University, Gwalior shouting slogans and after picking Devesh Kansotia, employee of the university, bet him by means of kicks and fists and also damaged the property.
It is submitted that the parties have compromised and filed the compromise application which has been verified by the Principal Registrar of this Court. There is no chance for conviction and the prosecution of the petitioners would be a futile exercise, thus, prayer for quashment of the FIR has been made.
I have perused the record. Parties have filed the compromise application which has been verified by the Principal Registrar of this Court. It is observed by the Principal Registrar that the complainant has arrived at compromise voluntarily without any fear or force.
Considering the overall facts and circumstances of the case coupled with the fact that the parties have amicably settled 2 Mcrc.5270.2014 Navneet Singh Tomar and others Vs. State of Madhya Pradesh & Anr.
the dispute, there is no likelihood of conviction of the petitioners and thus the prosecution of the petitioners would be a futile exercise and would amount to the abuse of the process of law and considering the decision rendered by the Hon'ble Apex Court in the case of Shiji alias Pappu and others Vs. Radhika and another reported in (2011) 10 SCC 705, FIR registered at Crime No.57/2014 under Sections 353, 332, 186, 294, 427, 147 of IPC at Police Station University, Gwalior (M.P.) is hereby quashed.
Petition stands allowed accordingly.
(D.K. Paliwal) Judge pd